Expert: Henning Haarhaus - 7/2/2009

Question
I have been told that Germany is considered a notorious International child kidnapping friendly country because Germany only returns about 15 percent of children that are kidnapped from the US to Germany and only about 10 percent of children from other countries in the US especially France by German parent both mothers and fathers.  I was told that is as dangerous to have a child kidnapped or retained in Germany as Iran or Japan is.  It this correct.   Yes or No?

Answer
Around 10 years ago, Germany was pilloried because of the lax enforcement of international obligations by the German courts. The subject was indeed a major subject in the international and German press as well as in the judiciary.

However, the figure I found about the percentage of the returns to the U.S. in that time was 22 %. As fas as I understood, this number was announced by the American side. I do not know accurate it is.

I cannot tell you how the situation has developed since then. I have found several court decisions applying the rules of the Child Abduction Convention strictly. I have no access to statistics though.

Although the American government have always been known to enforce such returns strictly, please note that achieving a return of children from the U.S. might be a difficult matter, too. In your country it is much easier to go into hiding as this is possible in Germany because there is no obligation to register ones residence. This loophole to the obligation of return is simple: Where there is no complaint, there is no redress.

If American Air Force flights are used to take away a kid the German partner has virtually no chance of seeing his/ her child again.

Please bare this in mind before you decide to point your fingers at other countries next time.